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    • Why can't you prove the debts were fraud? You can simply do the by a cca request and an sar.   If the debts that are fraud were wiped does this remove the judgement s?   Dx
    • So what about something along the lines of......   1. Since the last hearing datated xxxxx I have discovered that I have in fact held two agreements with Capital One credit cards in the past.One branded Luma account number xxxxxx which was issued in 2012 and a Capital One credit card account number xxxxxxx which was issued 2015 and is currently being serviced by  Arrow Global.Therefore the disclosed Capital One credit agreement presented in this claim cannot possibly be true or connected to the Luma branded card that this claim relies upon.   Its a risk but if accepted by the Judge then that proves the one being used here cant possibly be valid ?
    • said in their letter - i have only emailed in response to their letters, and, as i said, nothing in the last five years.  Barclays is shown as the owner on the TransUnion credit file, and it doesn't show on Experian/Equifax.  Is it worth contacting barclays - e.g. if the account isn't statute barred, is it likely that this might ramp up collection activity, or do i just sit it out in respect of my credit file?
    • They said? not been talking on the phone have you? dont do that. Writing only they are powerless. who is shown as their client on their letters or the owner on your credit file.   if its still with Barclays...your complaint target is Barclays themselves
    • Dear all,   I have got myself into a total mess with debt and now I can see no way out. I have substantial debts which I’ll summarise below   . Potted history , I had debt that I was servicing including a historical CCJ. The CCJ was paid off in July 2019 and the six years ended in Jan 2020.   Stupidly I consolidated debts around May 2019 into one large loan which left a credit card and store card. The interest was high but I’d planned to take a new loan once my CCJ disappeared.   Against all of this I was in an abusive relationship that I was getting out of. I managed to break up in Sept and things looked good.   Then I noticed some strange activity in post I was receiving etc. Essentially my ex, a NZ citizen had taken out loans and a card in my name.   Long story and stupidity on my part I could not enforce anything as I went to solicitor etc and only option was case through NZ system which would be costly.   I then got another new CCJ by Shoosmiths who my first CCJ was from, it was almost like the waited until first ran out then slapped another. I challenged and lost and the CCJ was enforced.   my salary is good (circa £4000) each month. But I’ve just been in a cycle of decline borrowing more to pay debts and then more etc etc   . I’m now in situation where I’m paying the CCJ and my bank overdraft and my bank credit card. I’ve stopped paying the others as had taken advice and was trying to get an IVA or if that failed bankruptcy.   Whilst doing all the checks and gathering information I’ve found out that an IVA or bankruptcy will be classed as gross misconduct and render me dismissed from my job. I work in the NHS and this is stated in the contract   . I really do not know where to turn to or what to do and can see no way out.   Please, please if anyone has had similar or can give any advice I’d be massively appreciative.   Debts include (amounts are approximate):   Personal loan - £7k Personal loan - £3k credit card - £3.5k credit card - £1.2k credit card - £2k Store Card- £2.3k payday loan - £0.5k Payday loan - £1k CCJ- £13.5k   I even fear now that if my employer finds out I have a CCJ I will get sacked as it states something like “...bankruptcies and any arrangements to pay creditors may result in dismissal.”   
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kbob

EU Debt - Enforcement of UK judgments.

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It would seem to be much safer to live within the Lugano countries if trying to avoid UK creditors. Enforcement of default CCJ judgement requires proof of original service.

 

I would love to know if anyone has ever had a DCA chase UK debt within the Euro Zone and what happened? in regards to EEO EPO and what happens if a EEO, EPO is contested based on default UK CCJs?? How much money will DCAs spend on these legal procedures with no guarantee of success?

 

Anyone got a story to tell?

 

 

Enforcing an English judgment in a member state

 

The United Kingdom (and hence England and Wales) is bound by the Brussels Regulation. It is also a contracting state to the Lugano Convention.

The Brussels regime enables the recognition of English judgments in other member states without needing to issue fresh proceedings in the enforcing jurisdiction.

“Judgment” includes:

 

  • An order for costs.
  • Many interlocutory orders (but not those relating to the conduct of the proceedings themselves).
  • Injunctions (although there may be difficulties enforcing, in certain jurisdictions, orders obtained “without notice” such as freezing injunctions).
  • Decrees for specific performance.

Procedure

 

The procedure to enforce an English judgment in another member state is as follows:

 

  • Make a “without notice” application in the enforcing state for the judgment to be declared enforceable (Article 38 of the Regulation or Article 34 of the Convention). While in theory this provision should override any local law requirements of notification, local law advice should be sought, as in practice there may be important modifications.
  • The appropriate body to which the application should be made in the case of each member state is listed in Annex II of the Regulation or Article 32 of the Convention.
  • The procedure is a matter of local law – instruct local lawyers.

There follows a summary of what should be produced to the court in the enforcing state depending on whether you are operating under the Regulation or the Convention. This may vary in accordance with local law. Always instruct local lawyers.

Requirements on an application for recognition or declaration of enforcement under the Brussels Regulation

 

 

  • Copy of the judgment.
  • Certificate in the standard form set out in Annex V of the Brussels Regulation.
  • Certified translations of the above, prepared by a translator qualified in enforcing state.
  • Any other documents required by local law.

See Articles 53 to 54 of the Regulation.

Requirements on an application for recognition or enforcement under the Lugano Convention

 

 

  • Copy of the judgment.
  • In case of default judgment, the original or certified true copy of the document establishing service of the claim form (or equivalent).
  • Opinion or other document establishing that, as a matter of English law, the judgment is enforceable (an affidavit or witness statement sworn or made by an English qualified lawyer would be an appropriate document).
  • Evidence of service of the judgment on the defendant.
  • Certified translations of the above, prepared by a translator qualified in the enforcing state.
  • Any other documents required by local law.

See Articles 46 to 48 of the Convention.

Enforcing the order

 

Once an order for recognition or enforcement has been obtained, consider applying to the enforcing court for a freezing injunction or other protective measures to safeguard the assets in that jurisdiction. You can do this even if the defendant is appealing the decision to authorise enforcement.

It may be possible to obtain interim protection even before recognition; this should be considered particularly if there is a concern about, for example, dissipation of assets or to prevent continued unlawful activity.

Under the Brussels Regulation a judgment from a Regulation state is to be declared enforceable immediately on the completion of the formalities set out in Articles 53 to 54 of the Regulation. There is no power for the court in the enforcing state to refuse enforcement of its own motion by reference to the grounds for refusal that are set out in Articles 34 and 35 (see below). The only grounds for refusing enforcement at this stage are that the formalities in support of the application have not been complied with (that is, the documentation is faulty). Recognition can, however, still be refused by reference to the grounds set out in Articles 34 and 35 (see below).

By contrast, under the Convention, the court in the enforcing state has the power of its own motion to refuse enforcement at this stage by reference to the grounds set out in Articles 27 and 28 of the Convention.

If there is a refusal by the courts of the enforcing state to recognise or enforce, consider appealing. The appeal decision may then itself be appealed by either party. The relevant appeal body (in the case of each member state) is set out in Annex III of the Brussels Regulation or Articles 40 and 41 of the Convention. The Convention and the Regulation are silent on the question of time limits for appeals. Seek local law advice on this point and regarding procedure on appeals generally.

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Thnx for that post, I've copied most of it to a Sticky http://www.consumeractiongroup.co.uk/forum/overseas-debt-overseas-account/250889-can-i-sued-overseas.html & tipped your scales. ;)


Anthrax alert at debt collectors caused by box of doughnuts

 

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I have Shoosmiths acting for Nationwide chasing me, they have a CCJ against me taken while I still had a house in the UK, now I don't they want me to fill in an I&E for them to see how much they think I can afford, even though I have made numerous offers through Payplan they still won't go for that, they said they will continue legal action if nothing is agreed. That debt is for 4800 pounds.

 

I also have Eversheds acting for Nationwide, they didn't get a CCJ but are threatening legal action in the Netherlands, they didn't say how, if we don't agree a monthly payment, they also ignore the Payplan offer and want me to fill in an I&E for them, the debt is about 8500 pounds. I am paying them 18 pounds a month but I actually think they will accept something like 30, the first solicitor hinted at this months ago when they tried to take me to court but I managed to stall them by getting it throown out for having the wrong paper work and then kept them going until after the house was sold so they couldn't continue with it thinking that after that they couldn't touch me but having read this I don't know anymore.

 

I'm going along with Shoosmiths for now until they tell me to repay a stupid amount, I think they will ask too much when they ignore the I&E and just decide how much I have to repay anyway.

 

Eversheds I'm being a bit more cocky with, I have refused to fill in their I&E saying that I filled one in for Payplan and that they have a copy and that is what they should stick to as my other creditors have.

 

Not sure what will happen, any advice is welcome, they both have a PO box number for me here in the Netherlands but no proper address and I am cooperating with them but try to stear them towards the payplan offer as much as possible which they have both been receiving for over a year now.

 

I'll keep this posted with what happens.

 

Is this the sort of case you were looking for.

 

 

Thanks

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One question, I just reviewed the credit card agreement from the Nationwide for the Eversheds case, there is no creditors signature where it says 'on behalf of the nationwide' does that make it unenforcible anyway?

 

Thanks

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I'm afraid not, it is seen as de minimis by a court.

 

Have a read through http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html to see if you can spot something else.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

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